Frequently asked questions

Making a claim can be a daunting prospect and we know you will have questions. We believe in not making the legal process any more complicated than it needs to be, so below you will find answers to some of the most commonly asked questions. And if you have any other queries, we’re just a phone call away.


Q. What will I be charged for the first meeting with you?

A. Nothing. BTMK Injury will not charge you for the first meeting or for the preliminary assessment of your case.


Q. Who will deal with my case?

A. At BTMK Injury we are committed to a personal service – we expect the person who deals with your case to deal with it throughout and be available for face-to face meetings. You will of course meet this person and his/her team at the outset.


Q. What fees will be payable to BTMK Injury if my claim cost does not succeed?

A. We offer no win/no fee arrangements – so if your claim fails our fees will not be payable.


Q. Do I have to pay anything else should my claim fail?

A. There is a potential risk that you would be liable for your opponent’s costs and any unrecovered disbursements (payments made to third parties e.g. fees for medical reports, Court fees). We will offer you an insurance policy which will cover this risk so that the insurers will pay these amounts should the claim fail.


Q. What about the insurance premium?

A. The amount of the premium varies dependant on the nature and/or value of the claim (naturally you will be advised as to this amount before the policy is taken). However the payment of the premium is deferred until the end of the case and is insured. If the claim succeeds the premium is payable from your compensation. If the claim fails the insurers will not require payment but will pay any opponent’s costs or unrecovered disbursements.


Q. What do I pay if my claim succeeds?

A. The bulk if not all of your costs will be recoverable from your opponent. In the vast majority of cases the amount you would be required to pay from compensation would be limited to the insurance premium referred to above and our success fee which your opponent would not be liable to pay. There are some complex provisions concerning the success fee and we will go through detailed and worked examples with you when we meet. However, the overall success fee is limited to 25% of specified heads of claim – therefore although the amount could not be as much as this the best general guidance is to say that the amount will not exceed 25% of your compensation – so you receive a minimum of 75% less the insurance premium.


Q. What compensation should I expect to receive?

A. This very much depends on the severity of the injuries suffered but guidance will be given at an early stage. Most claims involve three classifications of damages for:

  • Pain, suffering and loss of amenity – an amount for the injury to be determined by the Court in the absence of agreement
  • Special damages – for past losses paid on the basis of £1 compensation for each £1 lost as a consequence of the accident and you injuries
  • Future losses – the amounts which you will lose in the future by reason of your injuries e.g. expenses for future medical treatment. The amount payable is adjusted to reflect the early receipt of the money and the opportunity for investment until such time as the monies need to be spent.


Q. How long will it take?

A. This is very much dependant on the attitude of your opponent and the prognosis for recovery from your injuries. A claim involving less serious injuries and a clear prognosis could be resolved quickly and within a few months. Where the prognosis is uncertain we will recommend that settlement be delayed until the position is clearer since in the absence of a clear prognosis there is a significant risk of under –settlement. For these reasons cases involving the most serious injuries may take several years to resolve.


Q. What should I expect at first?

A. At BTMK Injury we recognise the importance of rehabilitation and will work towards an early assessment of your needs and then towards recovering funds for you to meet such needs.


Q. Must I go to Court?

A. Obviously you must be prepared to do so if necessary as in some cases this is unavoidable because claims are contested. However in the vast majority of cases (at BTMK Injury we reckon 90% plus) a settlement of the claim is negotiated thereby avoiding the necessity of a Court hearing.